What is the two-week rule for foreign domestic helpers in Hong Kong?

Overview

The two-week rule applies whenever a helper's contract ends before the full two-year term is complete. It is a condition of the helper's stay in Hong Kong — not a contractual clause that either party can modify.

What the Two-Week Rule Requires

When a helper's contract is terminated before the end of the two-year term:

• The helper must leave Hong Kong within 2 weeks of the termination date — or before their current visa expires, whichever comes first
• The helper is generally not permitted to remain in Hong Kong to seek a new employer locally
• Overstaying is a criminal offence punishable by a fine of up to HK$50,000 and 2 years' imprisonment

Employer Obligations and Liability

Both parties are required to notify the Immigration Department of the termination within 7 days, using Form ID407E. Employers who knowingly allow or assist a helper to overstay may be prosecuted for aiding and abetting a breach of conditions of stay. Employers are also required to settle all outstanding wages and entitlements on the final day — see employer payments at termination for the full breakdown.

Exceptions to the Two-Week Rule

In limited circumstances, a helper may be permitted to remain in Hong Kong and transfer to a new employer via local transfer, rather than departing. Recognised exceptional circumstances include:

• The death of the employer
• The emigration of the employer from Hong Kong
• Proven financial hardship of the employer making continuation impossible
• Documented abuse or exploitation by the previous employer

Applications for these exceptions are made through the Immigration Department.

Why the Two-Week Rule Matters When Hiring

If you are considering hiring a helper whose previous contract was terminated early, note that they will typically need to return home first and apply for a new visa from overseas. Plan accordingly — hiring from overseas takes around 3 months from the decision to the helper's arrival.

Important Notes

• At the end of a completed two-year contract (as opposed to early termination), different rules apply and a local transfer may be permitted — but the application has to be submitted during the contract's final four weeks, before it finishes
• The rule applies regardless of which party initiated the termination
• Both employer and helper should retain a copy of the termination notification for their records
• For the full termination process and payment checklist, see how to terminate a helper's contract

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